Digital Commons Network^™

The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac ("Zack") D. Buck

Scholarly Works

Fifteen years after the Supreme Court’s decision in Kansas v. Hendricks upheld their constitutionality, sexually violent predator (SVP) statutes exist in 20 states and the federal code. Committing sex offenders indefinitely in an effort to protect the public, SVP statutes have survived academic criticism and mushrooming expense, targeting society’s most unpopular subjects and unpalatable crimes. In upholding the statutes against constitutional attack in Hendricks, the Court relied upon the state’s demonstrable power to preventively detain individuals during public health emergencies – analogous to the civil detention model of quarantine – to establish the state’s unquestioned right to involuntarily commit sex …

Informal Collateral Consequences, Wayne A. Logan

Scholarly Publications

This essay fills an important gap in the national discussion now taking place with regard to collateral consequences, the broad array of non-penal disabilities attaching to criminal convictions. In the wake of the Supreme Court’s landmark 2010 decision in Padilla v. Kentucky, efforts are now underway to inventory collateral consequences imposed by state, local, and federal law. Only when the full gamut of such consequences is known, law reformers urge, can criminal defendants understand the actual impact of their decision to plead guilty.

The increased concern over collateral consequences, while surely welcome and important, has however been lacking in …

Informal Collateral Consequences, Wayne A. Logan

Washington Law Review

After a thirty-year punitive binge, the nation is in the process of awakening to the vast array of negative effects flowing from its draconian crime control policies. The shift is perhaps most evident in the realm of corrections, which since the early 1980s has experienced unprecedented population growth. Driven by a number of factors, not the least of which is the enormous human and financial cost of mass incarceration, policy makers are now shrinking prison and jail populations and pursuing cheaper non-brick-and-mortar social control options. This Essay examines another facet of the shift: increasing concern over collateral consequences, the many …

Approval And Withdrawal Of New Antibiotics And Other Antiinfectives In The U.S., 1980-2009, Kevin Outterson, John H. Powers, Enrique Seoane, Rosa Rodriguez-Monguio, Aaron S. Kesselheim

Faculty Scholarship

Concerns about a dearth of antibiotic innovation have spurred calls for incentives to speed the development of new antibiotics. Our data demonstrates that many of the new molecular entity (NME) antibioticsintroduced in the last 3 decades were withdrawn from the market, at more than triple the rate of other drug classes. Adjusted for these withdrawals, the net introduction of NME antibiotics is not as troubling of a trend. The reduction in NME antibiotics was partially offset by a surge in the introduction of NME antiretrovirals for HIV/AIDS and other drug classes (such as cardiovascular drugs) posted similar declines.

These data …

The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn

Michigan Journal of Environmental & Administrative Law

Global climate change has emerged as one of the greatest challenges of our time. While action has stalled on the national stage, states have started to take action to reduce their greenhouse gas emissions. Confronted with the risk of severe impacts that could cost it tens of billions of dollars annually by the end of the century, California has taken the lead and developed the first comprehensive cap-and-trade program in the nation and seeks to achieve significant reductions in the greenhouse gas emissions associated with its economy. The success of California’s program will determine whether other states and the federal …

After The Arab Spring: A New Opportunity For Lgbt Human Rights Advocacy?, Jayesh Needham

Duke Journal of Gender Law & Policy

No abstract provided.

Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth

Washington Journal of Law, Technology & Arts

Antibiotic resistance, according to the World Health Organization, is one of the greatest threats to public health. To combat the problem, new antibiotics need to be developed. However, antibiotic research and development is fraught with scientific and economic problems. Recognizing these problems and the public health threat posed by antibiotic resistance, Congress passed the GAIN Act, which President Obama signed into law in June 2012. The GAIN Act (Act) incentivizes pharmaceutical companies to invest in antibiotic research and development. This Article will outline the incentives in the Act and suggest why the Act may not solve the growing antibiotic resistance …

An Introduction To California's Greenhouse Gas Emission Trading Program, Tseming Yang

Faculty Publications

Even though climate change will require a global solution, the efforts of individual nations and sub-national governmental units have become increasingly important for demonstrating leadership in creating effective regulatory programs and possible solutions. California’s Global Warming Solutions Act of 2006, also referred to as A.B. 32, and the associated greenhouse gas emission trading program are one set of such efforts. With A.B. 32, the state of California has created one of the most comprehensive and complex climate change programs in the world – a legally binding set of mandates for the state government to reduce greenhouse gas (GHG) emissions to …

Don't Give Your Kid That Shot!: The Public Health Threat Posed By Anti-Vaccine Speech And Why Such Speech Is Not Guaranteed Full Protection Under The First Amendment, Amanda C. Naprawa

Cardozo Public Law, Policy & Ethics Journal

The article argues that antivaccination speech poses a significant threat to public health, and the law should be utilized to regulate such speech to prevent the spread of preventable diseases and protect vulnerable populations through herd immunity. While the First Amendment protects free speech, legal measures such as the FTC regulating false advertising and potential vaccine disparagement statutes can be effective tools in curbing harmful misinformation. The article emphasizes the need for a balanced approach that respects individual rights while safeguarding community health, supported by scientific consensus on vaccine safety and legal precedents like Jacobson v. Massachusetts.

Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe

Cardozo Public Law, Policy & Ethics Journal

The note examines the systemic challenges in providing adequate HIV treatment to immigration detainees in U.S. Immigration and Customs Enforcement (ICE) custody, highlighting the legal and practical barriers that prevent detainees from receiving consistent and effective medical care. It argues that the current framework, governed by non-binding standards and inconsistent enforcement, fails to ensure humane treatment under the Constitution, particularly the Eighth Amendment’s prohibition of cruel and unusual punishment. The analysis calls for structural reforms, including codifying detention standards into enforceable regulations and improving oversight mechanisms, to address the inadequate medical care for HIV-positive detainees.

Case Studies Of African Agricultural Biotechnology Regulation: Precautionary And Harmonized Policy-Making In The Wake Of The Cartagena Protocol And The Au Model Law, R. Nelson Godfrey

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Does Research With Children Violate The Best Interests Standard? An Empirical And Conceptual Analysis, Seema Shah

Northwestern Journal of Law & Social Policy

Even as research with children has increasingly been recognized as urgently needed for generating effective treatments for childhood diseases, drug formulations for infants and young children, and dosages appropriate for children, it has remained controversial. Scholars have engaged in heated debates over whether non-beneficial research with children is morally and legally justified. On one point, however, there has been agreement: Whether they support or criticize pediatric research, commentators generally assume that pediatric research should be justified under the “best interests of the child” legal standard. This assumption not only threatens important research and public health interventions, but it is also …

Schizophrenia: Causes, Crime, And Implications For Criminology And Criminal Justice, Anthony Walsh, Ilhong Yun

Criminal Justice Faculty Publications and Presentations

This paper is aimed at criminologists and criminal justicians seeking to understand their role in educating law enforcement and correctional personnel who must deal with the mentally ill. It is motivated by William Johnson's (2011) recent call for rethinking the interface between mental illness, criminal justice, and academia, and his call for advocacy. We concur with his concerns, and insist that this rethinking must necessarily include grounding in the etiology of mental illness (specifically, with schizophrenia) as it is currently understood by researchers in the area. Advocacy must go hand in hand with a thorough knowledge of the condition of …

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Anatomy Of A Modern-Day Lynching: The Relationship Between Hate Crimes Against Latina/Os And The Debate Over Immigration Reform, Kevin R. Johnson, Joanna E. Cuevas Ingram

North Carolina Law Review

No abstract provided.

The 23rd Annual Research Conference Abstract Booklet, Mulu Aderie Alemu, Nikki Lynn Rogers

University of Gondar Research Conferences

Staff members, postgraduate and senior undergraduate students of the University, invited guests and speakers participated in the conference. The annual conference of the University is meant to share experiences in research activities among juniors and seniors, staff and students, and invited guests. It is also meant to motivate students and young faculty to engage in research and also to initiate and strengthen interdisciplinary collaborations. The findings of the studies and the resulting recommendations are expected to be used in solving the diverse societal problems we have been facing.

Research activities at the University of Gondar are primarily aimed at solving …

Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

Faculty Book Display Case

For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), …

To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West

Pepperdine Law Review

No abstract provided.

There's A Pattern Here: The Case To Integrate Environmental Security Into Homeland Security Strategy, James D. Ramsay

Applied Aviation Sciences - Daytona Beach

The time is long overdue to acknowledge that global climate and resource stresses, encompassed by the concept of environmental security (ES), are an increasingly important part of "homeland" security (HS) study and practice, by even the most restricted definitions of HS. Environmental security issues will affect global economic and political stability, US national interests, and the risk of war and terrorism. Just as homeland security encompasses many complex issues and interconnected subfields, environmental security (ES) is interdisciplinary by nature. In essence, ES is an emergent discipline borrowing from a combination of environmental studies — which decades ago integrated environmental science …

No Laws In Nanoland: How To Reverse The Trend? The French Example, Nadia Kaddour

Pace Environmental Law Review

This paper will first present an introduction to nanotechnology and its potential environmental, health, and safety (EHS) issues. It will then briefly review the current United States’ situation with regard to nanotechnology regulation before examining the new French regulation on engineered nanomaterial substances, which is a good first step toward a nano-specific legal framework.

Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Paternalistic Discrimination: The Chevron Deference Misplaced In Chevron U.S.A., Inc. V. Echazabal, Tricia M. Patterson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Hiv Reporting In California: By Name Or By Number?, Nicole Kamm

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Toward A Unified And Reciprocal Disability System, Paul Armstrong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Emerging Partially Effective Vaccines: Ethical And Policy Considerations, Vincent Y. Ling J.D., M.S.

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud

Journal of the National Association of Administrative Law Judiciary

Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security …

Clemency In A Time Of Crisis, Cara H. Drinan

Georgia State University Law Review

No abstract provided.

Newsletter Spring/Summer 2013

Newsletter

No abstract provided.

Health Law Outlook - Volume 6, Issue 2 (Spring 2013)

Health Law Outlook (archive)

Inside this issue:

• Reproductive Ramifications: The U.S.’s Refusal to Ratify the Convention on the Elimination of All Forms of Discrimination against Women and the Damaging Collateral Consequences on the Right to Choose, Elijah Bresley
• Surrogacy and Silence: Why State Legislatures Should Attempt to Regulate Gestational Surrogacy Agreements, Melissa Cartine
• Pharmaceuticals, Crime, and the Constitution: Promoting Off-Label Drug Use and the First Amendment, Phillip DeFedele
• The Losing Battle: Veterans’ Backlogged Mental Health Issues Need Reinforcements, Daniel Gilbert
• Are You In or Out: A Possible Solution to the United States’ Organ Donation Crisis, Robert Granzen
• The Future of Genetic Testing and the …

Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton

Faculty Publications

Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.